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HomeMy WebLinkAboutDecember 6, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FIUZGIBBONS RONNIE H. THOMPSON, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS, JR. Ci~ of -- cl~rY SECRETARY FELIX A. DARKER MARK T. SOKOLOW THOMAS J. HENDERSON Cl]Y A170RNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting December 6, 2005 8:30 a.m. In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.O. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 City Council Heeting City Hall Council Chamber City of port Arthur December 6, 2005 8:30AH T. ROLL CALL, ZNVOCATZON & PLEDGE Mayor Ortiz Mayor Pro Tern Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Counciimember Prince Councilmernber Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow TT. PROCLAMA'I'LONS & MZNUTES Minutes - November 15, 2005 .loint/Special Meeting November 15, 2005 Special Meeting November 22, 2005 Regular Meeting p,-, z, ,ON$ & COMMUNZCAI'~ON$ A. Presentations (1) Army Corps Of Engineer Regarding Debris Removal (2) Area Hurricane Recovery Efforts B, Speakers Sandra Leday Regarding People Supporting People And Announcement Of A Scheduled Visit By Chuck Norris And Matt Walker C. Correspondence None AGENDA DECEHBER 6, 2005 ~'V. PUBLZC HEARZNG - 9:00A[4 - None V. UNFI'NI'SHED BUSI'NESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: P.R. No. 13335 Updated - A Resolution As It Pertains To The Industrial Park Covenants And Restrictions At The Spur 93 Business Park, Master Plan And Lot Configuration CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of Awarding The Installation Of Carpet, Damaged By Hurricane Rita, At The YMCA To Emery Carpet Of Port Arthur, Texas In The Amount Of $7,467 B. Consideration And Approval Of Awarding A Bid For The Replacement Of Windows And Doors, Damaged By Hurricane Rita, In The Pool Area Of The YMCA To Tri-Star Glass, Inc. 3110 Highway 12, Vidor, Texas In The Amount Of $10,500 C. Consideration And Approval Of Awarding A Bid For The Replacement Of Windows And Glass Doors, Damaged By Hurricane Rita, At City Hall, Health, Library And Recreation Departments To AmeriGlass Of Beaumont, Texas In The Amount Of $26,316 D. Consideration And Approval Of Awarding A Bid For The Repairs To Garage/Service Center Metal Doors, Damaged By Hurricane Rita, To Overhead Door Company Of Beaumont, Texas In The Amount Of $11,602 DECEf4BER 6~ 2005 V/. CONSENT AGENDA - CONTINUED E. Consideration And Approval Of Awarding The Following Bids In The Estimated Amount Of $36,668 For The Police Department: Tyler Uniforms Of Tyler, Texas For Uniform Pants & G'I' Distributors Of Austin, Texas For Uniform Shirts And Supplies F. Consideration And Approval Of The Following Tnvoice For Hurricane Rita Emergency Purchases: Cotton Companies Totaling $24,116.23 G. Consideration And Approval Of Payment To The Southeast Texas Regional Planning Commission Tn The Amount Of $29,756.84 For Fiscal 2006 Dues And Program Support H. Expense Report Assistant City Secretary Terri Hanks: Attend 2005 TMCCP Course Examination In Galveston, Texas, November 2 - 4, 2005 $ 730.24 Resolutions - Consent (1) P.R. No. 13350 - A Resolution Authorizing The Payment Of The Annual STAN Contract (Southeast Texas Alerting Network), A Public Awareness System Designed To Communicate Important Information To The People Of Southeast Texas, Tn The Amount Of $6,752.46 And Charged To Account Number 001-1101-521.61-03 (2) P.R. NO. 13351 - A Resolution Renewing The Contract For Automatic Transmission Service To AAMCO Transmissions Of Port Arthur, Texas For The Rate Of $34.00 Per Hour (3) P.R. No. 13353 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Neches Engineers Of Beaumont, Texas For Structural Assessment Of Damaged City Buildings; Said Contract Not To Exceed An Amount Of $18,000, Funds Being Available In Account Number :~23-2300- 901.53-00, Project HRBLDG AGENDA DECEHBER 6, 2005 VZ. CONSENT AGENDA - CONTZNUED (4) P.R. No. 13354 - A Resolution Authorizing The Mayor And City Manager TO Execute Change Order 03, Increasing The Scope Of Services For The Contract Dated August 20, 2002 Between The City Of Port Arthur And SCS Engineers Of Bedford, Texas For Landfill Permitting And Design And Increasing The Budget For This Project By $12,000 To A Total Of $360,000; Solid Waste Account 403-1274-533.54-00 (5) P.R. No. 13355 - A Resolution Authorizing Acceptance Of An Advance Payment Of $5,000,000.00 From The City's Windstorm Insurance Carrier (McGriff, Seibels & Williams) (6) P.R. No. 13356 - A Resolution Authorizing The City Manager To Renew The Contract For Fuel Dispensing With Fuelman Of Beaumont, TX (7) P.R. No. 13357 - A Resolution Approving A Release Of Liens As To Lots 2, 3, 5, 8, 9, 10, Block 1, Lots 1, 10, 11, 12, Block 2, Lots 3, 6, Block 4, Lots 7, 9, 10, 11, 12, Block 5, 5.156 Acres Reserve "A'; All In Replat Of Stonegate Manor, Section Four Addition, Port Arthur, Jefferson County, Texas (Vol. 14, Pages 112-114 Map Records) (8) P.R. No. 13358 - A Resolution Authorizing The Purchase Of Health Department Professional Liability And General Liability Insurance Contracts From Admiral Insurance Through Business Insurance Group VII. ITEMS REQUZRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 13303 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Terracon, Inc. For Professional Services Associated With The EPA Brownfields Assessments In An Amount Not To Exceed $130,000; Funding Available Tn Account 113-1429-582.54 (2) P.R. NO. 13332 - A Resolution Appointing A Director To The City Of Port Arthur Section 4A Economic Development Corporation AGENDA DECEMBER ~ 200S Z'rEMS REQUTRZNG ZNDZVI'DUAL ACTZON - NON-CONSENT - CONTZNUED (3) P.R. No. 13352 - A Resolution Authorizing Change Order 02 For The Contract Dated April 26, 2005 Between The City Of Port Arthur And Dikita Enterprises Of Texas, ];nc. For Design Of The Widening Of West Rev. Dr. Ransom Howard Street (Formerly West 7~ Street), Extending The Term Of The Contract By 150 Days To A Total Of 370 Days. C];P 004,301-1601- 591.86-00 (4) P.R. No. 13359 - A Resolution Appointing New Member Or Members To The Port Arthur Youth Advisory Council (5) P.R. No. 13361 - A Resolution Approving A Cell Phone Allowance Program For The City Of Por~ Arthur Section 4A Economic Development Corporation Board Of Directors And Staff B. Ordinances (1) P.O. No. 5573 - An Ordinance Delineating The Number Of Authorized Police Officer Positions In The Police Department (2) P.O. No. 5574 - An Ordinance Amending Sections 18-33, 18-35, 110-61 And :~10-168 Of The Code Of Ordinances As Tt Pertains To Building Permit Fees And Tap Fees And Declaring An Effective Date (3) P.O. No. 5575 - An Ordinance Authorizing The City Manager To Execute A Developer Participation Contract Between The City Of Port Arthur And D.H.S. Camellia Estates, L.L.P. (4) P.O. No. 5576 - An Ordinance Acting On The Requested Rate ];ncrease Of Texas Gas Service (A Division Of ONEOK, Inc.) C. *Reports And Recommendations Report On Hurricane Recovery Efforts (2) Report As To A Special Election As To Amend The Charter In May, 2006 (Requested By Councilmember Lewis) *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Tnforrnation And Records. AGENDA DECEMBER 6, 2005 VIII. REPORTS OF BOARDS & COMMITTEES None IX, *CLOSED MEETING (EXECUTIVE SESSI'ON) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 - Litigation And/Or Legal Advice Section 551.072 - Land Section 551.073 - Negotiated Contracts For Prospective Gifts To The City Section 551.074 - Personnel Section 551.076 - Security Personnel Or Devices Section 551.087 - Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation That May Arise As A Result Of Hurricane RJta Which Includes But Is Not Limited To The Recovery Of Damages To City Property, Issues As It Relates To Evacuation, Assets Obtained During The Hurricane And Compensation To Be Paid To Vendors And Other Entities Or Persons (2) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To Entergy (3) Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA Z'I'EIqS OR RE(~UESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place. Xl. AD3OURNMENT OF MEt: ~ ,NG RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS Recogl~ition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Spokesman for group of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. 3. Speaking procedure; limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his remarks to (5) five minutes. All remarks shall be addressed to the Council as a whole and not to any member of the Council. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. 4. Improper references, disorderly conduct by persons addressing Council. Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide or profane remarks, or who willfully utters loud, threatening or abusive language, or engages in any disorderly conduct which would impede, disrupt or disturb the orderly conduct of any meeting, hearing or other proceedings, shall be called to order by the Presiding Officer. If such conduct continues, such person may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that meeting. 5. Addresses after motion made or public hearing closed. After a motion has been made or a pubic hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 6. Campaign Speeches. No person will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run or issue already ordered on a ballot for election. 7. Persons having complaints, allegations, or charges against individual city employees. No person shall make any complaint, specific allegation or charge against an individual city employee by name in a public meetings unless he first shows that he has pursued appropriate administrative channels. 8. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations which conduct disrupts the peace and good order of the meeting. 9. Person authorized to be within rail. No person except members of the Council and the city staff shall be permitted wthin the rail without the consent of the Presiding Officer. 10. Limitations on use of supplemental lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of inted:erence with or disturbance of the proceedings of the Council and the least amount of discomfort to the public in attendance. ENFORCEMENT OF DECORUM Warning. AJI persons shall, at the request of the Presiding Officer, be silent. Removal. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such officer may order him to remove himself from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant-At-Arms to remove him. Resisting Removal. Any person who resists removal by the Sergeant-At-Arms shall be charged with violating V.T.C.A., Penal Code 42.05. Motions to enforce. Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings law an agenda containing all business to be discussed at a meeting of the City Council. Persons Requestino To Be Heard On Aoenda Items (1) Residents. Any resident who wishes to address the Council may do so by notifying the City Secretary no later than 5:00 p.m. on the Thursday prior to the scheduled meeting. The person shall specify the particular subject matter of such address. The City Secretary shall place the names of those requesting to address the Council on the agenda with the agenda item. (2) Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before placing the name on the agenda. Upon timely notification, a nonresident shall be permitted to address the Council when the applicant claims an interest in a matter on the Council's agenda and he is so situated that the disposition of the agenda may, as a practical matter, impair or impede his ability to protect that interest. The Presiding officer shall have the power to deny a nonresident the opportunity to address the Council when his interest in the matter is not deemed by the Presiding Officer to be sufficient, or where the applicant's interest can be adequately represented by residents addressing the Council. Soecific AgTenda Items After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to address the Council on such item, who shall be permitted to address the Council thereon for a period of (3) three minutes. Specific agenda items are defined as any items specified on the notice of meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.